LexBlog IP

MAY 24, 2023

The Court found that Goldsmith’s earlier photo and Andy Warhol’s use served the same commercial purpose – as a magazine illustration. And Warhol often cited “mass production” as a justification for his artwork. Goldsmith’s photo can be found here , as well as Warhol’s commercial use.

Fair Use 52

Fair Use Artwork Intellectual Property Copyright Law 52

IPilogue

SEPTEMBER 23, 2022

District Court, Central District of California, on June 15 suing Shein for over $100 million in damages for unauthorized reproductions of her artwork “One is good, more is better.”. In 2019, Mollman registered this artwork with the U.S. Copyright Office and included Copyright Management Information (CMI) on her artwork.

Business 59

Business Artwork Intellectual Property Copyright Infringement 59

Olartemoure Blog

MAY 26, 2023

The Italian magazine GQ Italia finds itself embroiled in a legal dispute stemming from the publication of an edited image of the renowned David sculpture. This incident has ignited a broader debate concerning the utilization of public domain artworks for commercial purposes.

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Art Copyright Public Domain Copyright Law 52

Kluwer Copyright Blog

JUNE 5, 2023

Vanity Fair magazine had commissioned Warhol’s artwork in 1984 to accompany an article about the singer’s rise to fame based on Goldsmith’s photograph under a one-time-use “artist reference” license between Vanity Fair and Goldsmith’s agent.

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Derivative Work Fair Use Licensing Art 117

LexBlog IP

MAY 25, 2023

The decision affirms a previous ruling by the Second Circuit, which found that Warhol’s artwork shared the same commercial purpose as the original photograph taken by photographer Lynn Goldsmith. The Andy Warhol Foundation contended that the artworks were transformative and gave new meaning to Goldsmith’s photo.

Fair Use 52

Fair Use Derivative Work Artwork Copyright Law 52

IPilogue

JUNE 30, 2022

Additionally, the defendants were also found to be publishing a magazine with the same name and offering for sale various merchandise using content from the movie, including its title, in the same logo script. The lawsuit was filed in 2001 when the defendants were found to have registered the domain name ‘www.sholay.com’ for its website.

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Cinema Artwork Trademark IP 106

LexBlog IP

MAY 19, 2023

The Supreme Court narrowed its attention to the only issue before it, the use of the image in a magazine instead of Goldsmith’s photo, as opposed to as a series of paintings/lithographs. copyright law. Applying a new lens on how to view the purpose of a derivative work under U.S. copyright law.

Fair Use 52

Fair Use Derivative Work Copyright Law Art 52

Copyright Lately

MAY 22, 2023

Meanwhile, by the time the case reached the Court, photographer Lynn Goldsmith had limited her challenge to AWF’s act of licensing Warhol’s work to Condé Nast for use in a magazine commemorating Prince’s death. Put another way, it ain’t what you do, it’s the way that you do it. “[T]he first fair use factor.

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Fair Use Licensing Copying Artwork 92

The IPKat

JULY 23, 2023

The developers filed motions to dismiss the claim which Judge William Orrick almost agreed with, but gave the illustrators another chance to refile a new complaint urging them to show how their artwork was actually involved. James explores private and public initiatives which are unlocking opportunities for IP-backed financing.

Confidentiality 52

Confidentiality Artwork Registration Intellectual Property 52

IP Tech Blog

JUNE 2, 2023

When Prince passed away in 2016, the Andy Warhol Foundation (“AWF”) licensed “Orange Prince” for use on the cover of a commemorative magazine cover. Thus, it remains to be seen whether creating a piece of derivative artwork would be considered fair use while licensing in competition with underlying work’s author would be infringing.

Fair Use 57

Fair Use Derivative Work Copying Licensing 57

IPilogue

OCTOBER 7, 2022

Interestingly, a study done in the UK by WIPO entitled “ The Economic Implications of the Artist’s Resale Right ” demonstrated that the resale right had no negative impact of the price of artworks or the competitiveness of markets. WIPO Magazine, “ The artist’s resale right: a fair deal for visual artists ” by Catherine Jewell.

Art 105

Art Moral Rights Artwork Editing 105

LexBlog IP

JUNE 2, 2023

When Prince passed away in 2016, the Andy Warhol Foundation (“AWF”) licensed “Orange Prince” for use on the cover of a commemorative magazine cover. Because the essential purpose of AWF’s use was the same, there was no independent justification for copying Goldsmith’s work.

Fair Use 52

Fair Use Derivative Work Copying Licensing 52

LexBlog IP

MAY 19, 2023

Vanity Fair commissioned Andy Warhol to create a silkscreen using Goldsmith’s image and used Warhol’s piece in the magazine with attribution as promised. Throughout her career, Goldsmith regularly photographed celebrities and licensed those photographs to magazines for articles about that celebrity.

Licensing 52

Licensing Fair Use Copyright Derivative Work 52

LexBlog IP

JULY 7, 2023

In 1984, photographer Lynn Goldsmith granted Vanity Fair a “one time” license to her photograph of the late musician as “an artist reference for an illustration,” and Warhol used Goldsmith’s photograph to make a silkscreen illustration for the magazine.

Fair Use 52

Fair Use Art Licensing Copyright Infringement 52

Kluwer Copyright Blog

FEBRUARY 2, 2023

AI-generated works have won awards: The Crow , an “AI-made” film won the Jury Award at the Cannes Short Film Festival and the story of an AI artwork winning the Colorado State Fair’s annual art competition was reported in The New York Times. AI-generated art was used for magazine covers, including Cosmopolitan and The Economist.

Copyright 145

Copyright Art Fair Use Registration 145

Art Law Journal

AUGUST 18, 2022

Laws regarding the use of a person’s likeness, also known as the right of publicity, ensures that a model or other subject of an artwork controls the commercial exploitation of their name, image, or persona. The Purpose of a Model Release Form. When should you use a model release form? A model release form is generally required: .

Publishing 85

Publishing Art Contracts Artwork 85

Garrigues Blog

JUNE 1, 2021

The EUIPO has cancelled street artist Banksy’s trademark for the well-known artwork ‘Flower Bomber” on the grounds that it was filed in bad faith. The decision had such an impact, that Garrigues received the Impact Case of the year award in Spain, from the prestigious magazine Managing IP. There will be a sequel!

Blogging 52

Blogging IP Advertising Advertising 52

Patently-O

OCTOBER 11, 2022

Warhol’s Estate argues that the artworks represent a commentary on the dehumanizing nature of celebrity whereas the Goldsmith photos merely reflect Prince in his unique human form. One reason why the magazine knew to reach-out to Goldsmith was that her photos had also previously been used as magazine cover-art.

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Fair Use Copyright Derivative Work Art 134

Technology & Marketing Law Blog

MAY 30, 2022

Finally, it points out Viacom is the owner of three valid trademark registrations for the KRUSTY KRAB mark and 400 copyright registrations covering “creative aspects of the SpongeBob SquarePants franchise,” including episodes from the animated television series, movies, drawings, and stylebooks featuring artwork from the franchise.

Blogging 90

Blogging Social Media Television Fair Use 90

Kluwer Copyright Blog

APRIL 29, 2024

Introducing Article 14 of the Copyright in Digital Single Market Directive (CDSMD) , the EU legislator made it mandatory across the 27 Member States to ensure that faithful reproductions of visual artworks belonging to the public domain remain free to circulate and be used across the Union.

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Public Domain Artwork Copyright Marketing 130

CopyrightsWorld

JUNE 10, 2021

Do you want to get hired by a fashion magazine? It’s from the same set of artwork for event promotion. If your target audience is couples or families for your photography business, your portfolio may contain wedding photos or family photoshoots. This is probably what your employer would believe to be a plus.

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Designs Design Art Business 98

Intellectual Property Law Blog

JUNE 5, 2023

3] The Court found that the Warhol Foundation’s licensing of the Orange Prince to Conde Nast did not have a sufficiently different purpose as the Goldsmith photograph because both were “portraits of Prince used in magazines to illustrate stories about Prince.” [4] 13] AWF’s use was commercial because AWF licensed the artwork for a fee. [14]

Fair Use 130

Fair Use Licensing Cease and Desist Derivative Work 130

Kluwer Copyright Blog

AUGUST 7, 2023

In 1984, Condé Nast, the publisher, obtained a license from Goldsmith to allow Andy Warhol to use her Prince portrait as the foundation for a single serigraphy to be featured in Vanity Fair magazine. In 2016, Condé Nast acquired a license from the Warhol Foundation to use the Prince Series as illustrations for a new magazine.

Copyright 52

Copyright Derivative Work Fair Use Copyright Law 52

Kluwer Copyright Blog

FEBRUARY 28, 2024

The lawsuits brought by the owners of such works, including artworks in the case of image-generators and journalism in the NYT case, claim that this should not be allowed. Copyright Act is an extremely limited right, and fair uses of artworks are explicitly made exempt from attribution requirements. Fair Use Precedent? 106A of the U.S.

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Fair Use Copyright Moral Rights Copyright Law 137

LexBlog IP

JUNE 5, 2023

3] The Court found that the Warhol Foundation’s licensing of the Orange Prince to Conde Nast did not have a sufficiently different purpose as the Goldsmith photograph because both were “portraits of Prince used in magazines to illustrate stories about Prince.” Goldsmith and, as a result, did not constitute fair use. [2]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

LexBlog IP

MAY 26, 2023

3] The Court found that the Warhol Foundation’s licensing of the Orange Prince to Conde Nast did not have a sufficiently different purpose as the Goldsmith photograph because both were “portraits of Prince used in magazines to illustrate stories about Prince.” Goldsmith and, as a result, did not constitute fair use. [2]

Fair Use 52

Fair Use Licensing Cease and Desist Derivative Work 52

Kluwer Copyright Blog

JULY 16, 2023

Vanity Fair magazine had commissioned Warhol’s artwork in 1984 to accompany an article about the singer’s rise to fame based on Goldsmith’s photograph under a one-time-use “artist reference” license between Vanity Fair and Goldsmith’s agent. It will focus on the s.10(3)

Blogging 52

Blogging Law IP Fair Use 52

LexBlog IP

APRIL 25, 2022

” [5] The Report only discussed money laundering, ignoring other known risk areas in the art market, such as the sale of forged or stolen artworks. [6]. ” [7] In 2020, Treasury defined high-value art as artwork having an estimated market value of over $100,000. [8] Million , Smithsonian Magazine: Smart News (Apr.

Art 52

Art Marketing Marketing Due Diligence 52

43(B)log

FEBRUARY 2, 2024

DJ sought declaratory judgment that Prince Series as such was transformative, grounded in the artwork itself; a static claim w/o regard to specific use or purpose. But real focus is on Conde Nast’s activities as publisher—the next quote is about how the purpose of the use was the same: “use in magazines to illustrate stories about Prince.”

Fair Use 49

Fair Use Derivative Work Licensing Marketing 49